Filing 13

ORDER adopting 11 REPORT AND RECOMMENDATION. Clerk shall enter judgment stating, "The petition is dismissed without prejudice." Clerk shall close the file. Signed by SENIOR JUDGE LACEY A COLLIER on 02/06/2017. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARLON MANUEL, Petitioner, v. Case No. 3:16cv476-LC/CAS STATE OF FLORIDA, Respondent. / ORDER This matter is before the Court on the Report and Recommendation of the U.S. Magistrate Judge (ECF No. 11) that the petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed without prejudice. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The Report and Recommendation (ECF No. 11) is adopted and incorporated by reference in this order. 2. The Clerk shall enter judgment stating, “The petition is dismissed without prejudice.” 3. The Clerk shall close the file. DONE AND ORDERED on February 6, 2017. s/ L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE

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